Opinion
Case No. 07-4063-JAR.
June 25, 2007
ORDER
This matter comes before the court upon plaintiff's Motion to Substitute Defendant (Doc. 8). Essentially, plaintiff seeks leave to amend her complaint in order to substitute a defendant. The present motion indicates that said substitute defendant does not oppose the relief requested.
Fed.R.Civ.P. 15 controls the procedure for amending the pleadings. Rule 15(a) states, in pertinent part, that after a responsive pleading: "a party may amend the party's pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires." In considering whether to grant leave to amend, the court evaluates several factors including whether the amendment will cause undue delay or prejudice to the non-moving party. As defendant does not object to the present motion, the amendment should not cause defendant prejudice.
Little v. Reed-Prentice Div. Of Package Mach. Co., 131 F.R.D. 591, 593 (D. Kan. 1990) (citations omitted).
Accordingly, and for good cause shown,
IT IS THEREFORE ORDERED that plaintiff's Motion to Substitute Defendant (Doc. 8) is granted. The court directs the Clerk to file Attachment 1 to Doc. 8 as plaintiff's Second Amended Complaint.
IT IS SO ORDERED.